In re Victor D. CA4/1
Defendant Victor D. appeals from the judgment entered after the trial court found true the allegations of a delinquency petition filed under Welfare and Institutions Code section 602, charging him with one count of vandalism resulting in damage worth $400 or more (Pen. Code, § 594, subds. (a), (b)(1)).
Victor contends that the record fails to disclose that the trial court was aware of, and exercised, its discretion to declare his offense either a misdemeanor or a felony, as required by Welfare and Institutions Code section 702 and the authority of In re Manzy W. (1997) 14 Cal.4th 1199 (Manzy W.). We conclude that the record discloses that the trial court declared the offense to be a felony, and that, given the presumption that the court properly exercised its discretion in the absence of an affirmative showing otherwise, the requirement of Welfare and Institutions Code section 702 was met in this case.
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